same name different country

[atam]

What is the name of your state (only U.S. law)? Massachusetts


father has a tailor shop named Sam's tailor shop. we were just served today from Reed Smith LLP that we are using their client's company name Sam's tailor shop that is in Hong Kong. they are suing us for the lawyer's fee and $100,000. is there merit to their claim? they did say that they have business in the US.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Massachusetts


father has a tailor shop named Sam's tailor shop. we were just served today from Reed Smith LLP that we are using their client's company name Sam's tailor shop that is in Hong Kong. they are suing us for the lawyer's fee and $100,000. is there merit to their claim? they did say that they have business in the US.

**A: they may in fact have a claim if that company is doing biz under the name and has the name registered as a tradename.

 

[atam]

their company was established in 1957 in hong kong, not sure if they have any stores here in Massachusetts or registered themselves here. so even if they are in a different country they can still sue us? we are not trying to infringe nor use this name with the intention to confuse. they also told us to reply within 7 days from the date the letter was issued which was on 10-2-09 and we only got it today 10-13-09, can they do that? my frined told me that assachusetts law gives 30 days to respond in civil cases. please adivse.

 

[HomeGuru]

their company was established in 1957 in hong kong, not sure if they have any stores here in Massachusetts or registered themselves here. so even if they are in a different country they can still sue us? we are not trying to infringe nor use this name with the intention to confuse. they also told us to reply within 7 days from the date the letter was issued which was on 10-2-09 and we only got it today 10-13-09, can they do that? my frined told me that assachusetts law gives 30 days to respond in civil cases. please adivse.

**A: you have not provided facts so we can't help you.

 

[atam]

what other facts are needed?

 

[HomeGuru]

what other facts are needed?

**A: all the stuff that you're not sure about.

 

[atam]

the facts that i know.

they are a shop in hong kong, only in hong kong but claims to do business internationally.

they were established before us.

we did not register our store name with the state of Massachusetts.

we are to pay their lawyer fee and 100grand

we are to reply in 7 days after the letter was issued, 2-oct.

 

[atam]

Also

i believe we offer different services.
they: make tailor suits
we: make mends and alterations only


we target different counsuers and market
they: High end clients.
We: low end clients (we're just a little hole in the wall shop)

 

[atam]

so i have now found that they are trademarked in the US under "Sam's Tailor" (while we are "Sam's Tailor Shop"), i made contact w/ their law firm and they told us that the are not suing us for using the exact name, but our name being too close in resemblance to theirs. please advise if they can do that (i just think that is stupid) and if this is a case where we would indeed need to change the store name?

 

[atam]

please advise

 

[Proserpina]

please advise

You really do need to consult with an attorney.

 

[atam]

i have been looking for a lawyer, but i wanted to see if i had anything to worry about. that will either quicken the rate i find one or not. but thanks. we are thinking of just changing the name to avoid trouble, but i am having a nagging feeling that i am just keeling over and taking it up the behind.